Most litigation settles. Settlement is not a fallback position, it is where most litigation is won, lost or reshaped. Gain the skills you need with this practical advanced program providing you the essential skills to negotiate with greater confidence, to use Calderbank offers and without prejudice discussions strategically, protect privilege, manage costs risk and avoid settlement agreements that may later unravel. Gain practical guidance on the tax and GST issues that can materially affect outcomes for clients. Attend and strengthen the skills every litigator needs to secure better, cleaner and more commercially effective settlements for their clients.
- Practical strategies for using without prejudice correspondence to maximise settlement leverage and manage costs risk
- Common pitfalls in drafting and responding to Calderbank offers
- Conducting effective without prejudice discussions and preserving privilege
- Tactical considerations before, during and after mediation
- Recent developments from the courts on settlement negotiations
Presented by Emma Moran, Partner, DLA Piper; Chambers & Partners Asia Pacific Guide 2022-2025 Ranked as a Recognised Practitioner
Attend and earn 4 CPD Hours
- Strengthen my approach to Settlement Negotiation Strategies
- Understand better use of Calderbank Offers and Without Prejudice Discussions
- Improve settlement drafting ensuring clear, enforceable settlement terms and anticipate the issues that arise when performance breaks down
- Understand the grounds for reopening settlement agreements and how to deal with the challenge
Presented by Paul Dalkie, Barrister, Paul Dalkie Barrister
Presented by Sam Carey, Barrister, Bankside Chambers
Kate Wiseman, Associate Member, Bankside Chambers
Presented by Chris Harker, Tax Partner, Mayne Wetherell; recognised in Legal500 and Chambers
Presenters
Emma Moran, Partner, DLA PiperEmma Moran is a Partner in DLA Piper New Zealand's Litigation & Regulatory team. With more than 18 years' experience, she specialises in complex commercial disputes, regulatory investigations and public law matters, acting for corporate, government, financial services, insurance and life sciences clients across New Zealand and internationally. Emma regularly guides clients through settlement negotiations, mediations and alternative dispute resolution processes. She has appeared at all levels of the New Zealand courts, and in specialist tribunals and arbitrations. She is recognised by Chambers & Partners and Legal 500 directories for her dispute resolution and public law expertise.
Chris Harker, Partner, Mayne Wetherell
Chris advises on tax law. He has advised on a number of significant transactions including mergers and acquisitions, restructures, infrastructure projects, and financing arrangements. He has also acted for clients seeking binding rulings from Inland Revenue in respect of prospective transactions, and represented clients in respect of Inland Revenue investigations and disputes.

Kate Wiseman, Associate Member, Bankside Chambers
Kate is a dispute resolver active in mediation, arbitration and collaborative resolution. Her work encompasses a broad range of commercial, property and family disputes. She has particular expertise in resolving family disputes concerning trusts, estates, companies and relationship property. She has a special interest in governance disputes, especially those concerning shareholders, incorporated societies, charitable trusts and body corporates. Before coming to the law she had a 20 year career in business. She has held governance roles continuously since 2004, currently as an elected member of the governing bodies of the Arbitrators and Mediators Institute of New Zealand (AMINZ) and the Collaborative Law Association of New Zealand.
Paul Dalkie, Barrister, Paul Dalkie Barrister
Paul Dalkie has extensive experience as a barrister in New Zealand and Australia over several decades. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister, he practiced as a solicitor in Queensland in two global firms, Blake Dawson Waldron (now Ashurst) and Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court’s levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and director’s disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia. He has been an adjunct Professor at the Beijing Jiaotong University, Beijing, China since 2019 in International Arbitration, Corporations Law and Contract Law.
Sam Carey, Barrister, Bankside Chambers
Sam is an experienced commercial barrister at Bankside Chambers in Auckland and a member of Bankside's Singapore office. He practices across all areas of commercial and related disputes, with particular expertise in commercial/contractual disputes, insolvency, negligence, trusts and equity, tax, land and company law. After receiving his degree Sam spent 5 years in the litigation department at Ashurst Morris Crisp in London. Upon returning to New Zealand he obtained a first class Master’s Degree in Law, specialising in Commercial Law. He went to the independent bar in 2005, working as a junior at Shortland Chambers for 2 years before becoming a member of Bankside Chambers in May 2007. Sam has appeared as counsel at all levels of the New Zealand courts, including tribunals, and has regularly represented clients in mediations, arbitrations and judicially-assisted settlement conferences. He has also acted as clerk to the tribunal in many international arbitrations.